American Western Home Insurance Company v. Johnson et al

Filing 63

ORDER directing Plaintiff to submit proof of service as to Steve Johnson and Steve Johnson d/b/a Cherry Hill Printing or show cause why claims against these separate defendants should not be dismissed. Signed by Honorable Susan O. Hickey on February 4, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
AMERICAN WESTERN HOME INSURANCE
COMPANY

VS.

PLAINTIFF

CASE NO. 11-CV-4071

STEVE JOHNSON,
et al

DEFENDANTS
ORDER

On August 19, 2015, Plaintiff filed its Third Amended Complaint.

(ECF No. 51).

Following the filing of the Third Amended Complaint, Plaintiff filed an Amended Motion for
Summary Judgment. (ECF No. 57). In each of these filings, Plaintiff’s certificate of service
indicates that the papers were electronically served to the other parties in this case, either through
the CM/ECF system or by e-mail. However, Separate Defendants Steve Johnson and Steve Johnson
d/b/a Cherry Hill Printing are proceeding pro se in this case (ECF No. 31), and the Court is unaware
of any consent by Steve Johnson to receive electronic service. There is nothing on the docket to
indicate that Plaintiff has served these Separate Defendants via the P.O. Box address listed for Steve
Johnson in the Court’s CM/ECF system.
The Court directs Plaintiff to submit its proof of service as to these Separate Defendants on
or before Tuesday, February 9, 2016.

If service of the filings mentioned above was never

completed upon these Separate Defendants, Plaintiff is hereby ordered to show cause why the
claims against these Separate Defendants should not be dismissed for failure to effectuate service
and/or failure to prosecute.
IT IS SO ORDERED, this 4th day of February, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge